Alexander N. Resek v. State Alaska

This petition presents the question of whether an indigent claimant has a constitutional right to appointed counsel at public expense in an in rem forfeiture proceeding. We hold that such an action is not a "criminal prosecution" within the meaning of Article 1, Section 11 of the Alaska Constitution, which provides that "in all criminal prosecutions, the accused shall have the right to . . . have the assistance of counsel for his defense." However, we recognize the potential for unfairness when the forfeiture action precedes a criminal prosecution, and thus we further conclude that in certain cases the trial court in its discretion may require that an appointment of counsel be made.